Judicial Precedent Flashcards
What does Stare Decisis mean?
Stand by what has already been decided
What does Ratio Decidendi mean?
Reasons for the decision
What does Obiter Dicta mean?
Other things said
The important thing about Obiter Dicta statements:
They do not create precedent, they do not have to be followed by future judges.
What is Binding Precedent?
Precedent from an earlier case which must be followed even if the judge in the later case does not agree with the legal principle.
What is Persuasive Precedent?
Non binding on the court, but the judge may consider it and decide that it is a correct principle so he is persuaded to follow it
List the UK Court hierarchy:
6 levels
The European Court of Justice The UK Supreme Court Court of Appeal High Court County/Crown Court Magistrates Court
Name the 4 methods of avoiding precedent:
Follow
Overruling
Reversing
Distinguishing
Explain the history of the H/L in relation to their own previous decisions:
Originally the H/L had the right to overrule past decisions but this flexible approach lessened during 19th century. Decided that certainty was more important as a result of London Street Tramways. H/L considered bound by own past decisions until 1966.
What does the Practice Statement allow?
The House of Lords to change the law if it believed that an earlier case was wrongly decided.
Do the decisions of one division (court of appeal and precedent) bind the other division?
No.
Are decisions in each division usually binding?
Yes.
Name the 5 advantages of judicial precedent:
Certainty Consistency/Fairness Precision Flexibility Time Saving
Name the 5 disadvantages of judicial precedent:
Rigidity
Complexity
Illogical Distinctions
Slowness of Growth
